Order Granting Preliminary Injunction and Appointing Receiver - The ...
Order Granting Preliminary Injunction and Appointing Receiver - The ...
Order Granting Preliminary Injunction and Appointing Receiver - The ...
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this <strong>Order</strong>, by personal service or otherwise, <strong>and</strong> each of them, be <strong>and</strong> hereby are restrained<br />
<strong>and</strong> enjoined from, directly or indirectly, destroying, mutilating, concealing, transferring,<br />
altering, or otherwise disposing of, in any manner, any documents, including all books,<br />
records, computer programs, computer files, computer printouts, contracts, correspondence,<br />
memor<strong>and</strong>a, brochures, or any other documents of any kind in their possession, custody or<br />
control, however created, produced, or stored (manually, mechanically, electronically, or<br />
otherwise), pertaining in any manner to Defendants <strong>and</strong> the <strong>Receiver</strong>ship Entities.<br />
IX.<br />
IT IS FURTHER ORDERED that hnds controlled by the CRO in connection with<br />
the Lone Star sale attributable to distributions to Harder, Fisher <strong>and</strong> Gutzler shall be<br />
available to the <strong>Receiver</strong>, in an amount not to exceed $2,000,000, to pay the <strong>Receiver</strong>'s<br />
compensation <strong>and</strong> expenses <strong>and</strong> to pay the compensation <strong>and</strong> expenses of the professionals<br />
hired by the <strong>Receiver</strong>, including counsel to the <strong>Receiver</strong> <strong>and</strong> other persons, including<br />
accountants, attorneys, special litigation counsel <strong>and</strong> experts, to assist in the carrying out of<br />
the <strong>Receiver</strong>'s duties <strong>and</strong> responsibilities hereunder. <strong>The</strong> <strong>Receiver</strong> shall reimburse the CRO<br />
for all such funds made available to the <strong>Receiver</strong> under this paragraph IX as soon as<br />
practicable from proceeds of claims collected by the <strong>Receiver</strong>.<br />
X.<br />
IT IS FURTHER ORDERED that funds controlled by the CRO in connection with<br />
the Lone Star sale attributable to distributions to Harder shall be made available to the CRO<br />
for the purposes <strong>and</strong> manner set forth in the Motion for an <strong>Order</strong> Approving Stipulation for<br />
an <strong>Order</strong> Regarding Debtor's Motion to Approve Interim <strong>and</strong> Final Use of Lone Star Sale<br />
Proceeds <strong>and</strong> Approving Settlement currently on file in the Bankruptcy Action <strong>and</strong> set for<br />
hearing on April 3,2009, if approved by the Bankruptcy Court. Harder's interest in the<br />
proceeds from the Lone Star sale <strong>and</strong> from the sales of any <strong>Receiver</strong>ship Entities, including<br />
but not limited to his member interest, partnership interest, <strong>and</strong> any <strong>and</strong> all other interests,<br />
3W pioneer Tower<br />
888 SW Fifth Avenue<br />
PonlPmd. Orsgon 97204.2089<br />
Telephune: 503228.6351<br />
[PROPOSED] ORDER GRANTING PRELIMINARY INJUNCTION AND<br />
APPOINTING RECEIVER<br />
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